Clarification, I'm Not defending all officers or the practice of disarming everyone in the name of Officer Safety. It sometimes may be a necessary evil But I feel that it is Over Used and will one day be ruled Illegal, if these Crazies, STOP shooting People
It is probably already illegal. The problem is who watches the watchers? Nobody's going to jail over this sort of thing, because there just isn't the political will to believe that this sort of behavior is that unacceptable that it ought to be severely punished.
A civil suit is always the solution, except for the fact that there are essentially no economically quantifiable damages. Maybe we should just pass a statute that says that the minimum damages a jury can award is $50,000 in an illegal seizure case and call it a day. I know I'd be far more polite and calm during an illegal seizure if I knew there was a good chance of a $50k payout at the end.
Barring that, I don't really know any way to make police officers be more careful. They are all trained that the standard is armed AND "dangerous." The problem is that once they learn the person is armed, they just think that they can presume that all armed persons are dangerous. And courts give them a lot of leeway. There's just not much we can do about that at this point.
Personally, I just try to avoid any interaction with police. Let them be heavy handed with the scum on the streets who really are a danger to all of us and I'll just mind my own business. If they ever mistreat me, I'll take whatever legal steps I need to take. But as long as it's happening to "them" and not me, I'll just try to pretend that this sort of stuff is not happening.
I will say that recording these kinds of incidents is almost priceless. Then there will be far less arguing about the facts and no coverups. That's one of the things we need to work on--assuring that it is legal to record the police on the public streets everywhere in the United States. The First Amendment is much more broad than the Fourth and may provide the golden goose here. If the officers know they're being watched every second of every day they're on duty, they will be far more likely to do the right thing--which benefits all of our society.
I can tell you that the practice is taught by ILEA and has been cleared by their legal office. Until a Judge says "stop" it will continue to some degree.
Which part is taught? Disarming for officer safety? Or returning the pistol afterward?
Just as "detaining" you isn't the same as "arresting" you, how much do you want to bet that the first judge that had to preside over a lawsuit based on this would rule that temporarily retaining a firearm until the end of a traffic stop is NOT a "seizure" as such?
Just as "detaining" you isn't the same as "arresting" you, how much do you want to bet that the first judge that had to preside over a lawsuit based on this would rule that temporarily retaining a firearm until the end of a traffic stop is NOT a "seizure" as such?
Just as "detaining" you isn't the same as "arresting" you, how much do you want to bet that the first judge that had to preside over a lawsuit based on this would rule that temporarily retaining a firearm until the end of a traffic stop is NOT a "seizure" as such?
Winner winner chicken dinner.
Officer safety would mean that I am an unsafe person, and the ISP shouldn't have issued me a LTCH in the first place huh?
Hmm. I know I am supposed to defend my rights, but geez, if I am pulled over and it is an officer in uniform or a marked car and he is being professional, I have absolutely NO issue handing over my pistol on request. I understand that he is not sure what he is facing. Now after he runs my license and sees my LTCH. He finds I am no threat to him, then I expect the same treatment in return and I believe I will get it. Maybe I am just naive, but in the few times I have had interactions with the law, I have been pleased with the results I have obtained.
I can tell you that the practice is taught by ILEA and has been cleared by their legal office. Until a Judge says "stop" it will continue to some degree.